Printed from https://www.whatdotheyknow.com/request/search_warrant_obstruction?utm_campaign=alaveteli-experiments-87&utm_content=sidebar_similar_requests&utm_medium=link&utm_source=whatdotheyknow on December 19, 2018 10:03

I understand that the householder in this video https://www.youtube.com/watch?v=6cWGzwZ8... was charged with obstruction of the search warrant because he did not consent to entry by the Capita employees, although his front door was standing wide open.

1. It is my understanding that the search warrant gives Capita employees the power to force entry. Is this correct?

2. Assuming your answer to 1 is "Yes", and given the unobstructed front door, the consent or not of the householder to execute the warrant is not required and in fact makes no difference whatsoever to the ability of the Capita employee to execute the warrant. Is this correct?

3. Assuming your answer to 2 is "Yes", the Capita employee in the video could simply have entered through the open front door. Choosing not to execute the warrant without the consent of the householder was therefore elective on his part. Is this correct?

4. Assuming that your answer to 3 is "Yes" and since we have already established that an open door and a lack of consent cannot obstruct a search warrant that has powers of entry, to bring charges of obstruction against the individual in question is an abuse of process and an attempt to pervert the course of justice. Is this correct?

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